Section 204 of PL 109-265 – June 30, 2004
Child Nutrition and WIC Reauthorization Act of 2004

(a) IN GENERAL - Not later than the first day of the school year beginning after June 30, 2006 , each local education agency participating in a program authorized by the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S. C. 1771 et seq.) shall establish a local school wellness policy for school under the local educational agency that, at a minimum –

1. Includes goals for nutrition education, physical activity and other school-based activities that are designed to promote student wellness in a manner that the local educational agency determines is appropriate;
2. Includes nutrition guidelines selected by the local educational agency for all foods available on each school campus under the local educational agency during the school day with the objectives of promoting student health and reducing childhood obesity;
3. Provides an assurance that guidelines for reimbursable school meals shall not be less restrictive than regulations and guidance issued by the Secretary of Agriculture pursuant to subsections (a) and (b) of section 10 of the Child Nutrition Act (42 U.S.C. 1779) and section 9 (f) (1) and 17 (a) of the Richard b Russell National School Lunch Act (42 U.S.C. 1758 (f) (1), 1766 (a) ), as those regulations and guidance apply to schools;
4. Establishes a plan for measuring implementation of the local wellness policy, including designation of one or more persons within the local educational agency or at each school, as appropriate, charged with the operational responsibility for ensuring that the school meets the local wellness policy; and
5. Involves parents, students, and representatives of the school food authority, the school board, school administrators, and the public in the development of the school wellness policy.